{"id":58752,"date":"2024-08-29T09:37:18","date_gmt":"2024-08-29T14:37:18","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=58752"},"modified":"2024-08-29T10:42:14","modified_gmt":"2024-08-29T15:42:14","slug":"hi-failure-to-litigate-application-of-posse-commitatus-act-was-iac-under-state-law","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=58752","title":{"rendered":"HI: Failure to litigate application of Posse Commitatus Act was IAC under state law"},"content":{"rendered":"\n<p>Defense counsel was ineffective for not raising the Posse Comitatus Act where his offense was just outside the Pearl Harbor base and the military was the first to respond. Other courts disagree, but the state exclusionary rule shows that there was a reasonable chance, with a hearing, that exclusion could have occurred.  <a href=\"https:\/\/www.courts.state.hi.us\/wp-content\/uploads\/2024\/08\/SCWC-21-0000679.pdf\">State v. Yuen<\/a>, 2024 Haw. LEXIS 136 (Aug. 20, 2024).<\/p>\n\n\n\n<p>Defendant\u2019s ineffective assistance of counsel claim in federal court was rejected. The state courts\u2019 conclusion on the merits of his Fourth Amendment claim was a reasonable application of the law on the merits of the search, therefore, no ineffective assistance. Williams v. Emig, 2024 U.S. Dist. LEXIS 152023 (D. Del. Aug. 23, 2024).*<\/p>\n\n\n\n<p>Search of a storage unit was based on a search warrant supported by probable cause. Defense counsel\u2019s failure to challenge the reliability of the drug dog used to corroborate it wouldn\u2019t change the outcome. Nasir v. United States, 2024 U.S. Dist. LEXIS 151492 (D. Del. Aug. 23, 2024).*<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defense counsel was ineffective for not raising the Posse Comitatus Act where his offense was just outside the Pearl Harbor base and the military was the first to respond. Other courts disagree, but the state exclusionary rule shows that there &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=58752\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[27,14,23],"tags":[],"class_list":["post-58752","post","type-post","status-publish","format-standard","hentry","category-dog-sniff","category-exclusionary-rule","category-ineffective-assistance"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58752","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=58752"}],"version-history":[{"count":3,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58752\/revisions"}],"predecessor-version":[{"id":58755,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58752\/revisions\/58755"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58752"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58752"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58752"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}